Separation of Powers: Judicial Independence
نویسندگان
چکیده
منابع مشابه
Historical Gloss , Constitutional Conventions , and the Judicial Separation of Powers
Scholars have increasingly focused on the relevance of post-Founding historical practice to discerning the separation of powers between Congress and the Executive Branch, and the Supreme Court has recently endorsed the relevance of such practice. Much less attention has been paid, however, to the relevance of historical practice to discerning the separation of powers between the political branc...
متن کاملGloss , Constitutional Conventions , and the Judicial Separation of Powers
Scholars have increasingly focused on the relevance of post-Founding historical practice to discern the separation of powers between Congress and the executive branch, and the Supreme Court has recently endorsed the relevance of such practice. Much less attention has been paid, however, to the relevance of historical practice to discerning the separation of powers between the political branches...
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• Understanding to what extent judicial independence is adhered to in various jurisdictions requires a theoretical framework of what the principle entails. On a preliminary analysis, the principle can be said to require the following: judicial systems must be free, in fact and appearance, from any undue influence that might prevent judges from adjudicating legal disputes solely on the basis of ...
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Judicial independence is an idea that has both internal (or normative) and external (or institutional) aspects. From a normative viewpoint, judges should be autonomous moral agents, who can be relied on to carry out their public duties independent of venal or ideological considerations. Independence, or impartiality, in this sense is a desirable aspect of a judge’s character. But judges are hum...
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Judges face retention elections in over a third of U.S. state courts of last resort and numerous lower courts. According to conventional wisdom, these elections engender judicial independence and decrease democratic accountability. We argue that in the context of modern judicial campaigns, retention elections create pressure for judges to cater to public opinion on “hot-button” issues that are ...
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ژورنال
عنوان ژورنال: Law and Contemporary Problems
سال: 1970
ISSN: 0023-9186
DOI: 10.2307/1191032